Probating a Will vs. Determining Heirship

The loss of a loved one can be one of the most difficult situations you’ll ever face. I know – I lost my mom in May 2017, and my second mother – my wife’s mom – in October 2017.

Unfortunately, dealing with the legal process of distributing your loved one’s assets can add stress to an already emotional time – especially if he or she did not leave behind a will.

The Deceased Left a Will

Probate from $3,468 including all filing and attorney fees

If the deceased individual left a valid Will, the probate process is focused on getting the Will admitted to probate and appointing the Executor named in the Will as the legal representative for the Estate.

Until the Will is accepted to probate, it has no legal effect and there is no legal representative for the estate. That means places like banks, investment companies, or employers may not talk to you — even if you are the Executor named in the Will.

You may have heard horror stories that probate takes years to complete and costs thousands of dollars. Fortunately, in Texas, these stories are more of an exception than a general rule.

If your loved one left a Will and you need to get it probated, click here to get started!

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Texas Probate In 3 Minutes

The Deceased Did Not Have a Will

Determination of Heirship from $4,884 including all filing and attorney fees

If your loved one did not leave a Will, a Determination of Heirship may be necessary to legally pass title to property like a home or bank account. With a Determination of Heirship, the Court issues an order stating who the legal heirs of the deceased person are.

You may feel you know who the heirs are — after all, in most cases, the spouse, children, or parents are all known. Unfortunately, banks, employers, and title companies will not just “take your word for it.” To access and transfer the assets, a legal determination of the heirs by a court is required.

This process takes longer than probating a Will. If that were not bad enough, this process also costs more than probating a will — nearly twice as much in fact. But if your loved one passed without a will and owned property like a house or land, or had financial accounts without a named beneficiary, a determination of heirship may be the only way to access and transfer these assets.

Just like with probate, there is no legal representative of the estate until the Court appoints one. So if a sibling or spouse is claiming to be “in charge” but was not appointed by a Court, you need to get representation immediately.

If you want to know more about how a determination of heirship works, click here for my deep-dive!

If you need to get a legal representative appointed immediately, click here to get started!

Begin Heirship Process

Compassionate, Effective Representation

Probate law is a unique and complex field. That’s why it’s important to work with a lawyer who knows the territory and can lead you through with clarity and empathy. If you need help from a probate lawyer in Cypress, north Katy, or Waller County, call Robert Jewett Law PLLC for your consultation.